New Delhi, Feb. 5: The Supreme Court on Thursday lifted the bar on BJP leader Anurag Singh Thakur from associating with the Board of Control for Cricket in India (BCCI), clarifying that its 2017 direction asking the former BCCI president to “cease and desist” from the board’s functioning was never intended to operate as a permanent or lifelong disqualification.
A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi observed that the earlier order had to be understood in its proper context and was limited to the circumstances prevailing at that time. The clarification effectively removes the impediment on Thakur’s engagement with the BCCI, subject to the body’s rules and regulations.
In its order dated January 2, 2017, the Supreme Court had removed Thakur from the post of BCCI president and directed:“Shri Anurag Thakur, President of BCCI and Shri Ajay Shirke, Secretary, BCCI shall forthwith cease and desist from being associated with the working of BCCI.”
That direction was issued in the backdrop of proceedings relating to the implementation of the Lodha Committee reforms aimed at restructuring the governance and functioning of the BCCI. The Court had also initiated contempt and perjury proceedings against Thakur for allegedly making false statements on affidavit and obstructing the implementation of the Court’s orders.
Although the contempt proceedings were subsequently dropped, Thakur continued to remain under the cloud of the 2017 direction, which was interpreted as preventing him from any future association with the BCCI.
Clarifying the scope of that order, the Bench on Thursday held that the direction was never meant to impose a continuing or indefinite ban.
The 2017 action against Thakur stemmed from his communication with the International Cricket Council (ICC), wherein he had sought a statement suggesting that the reforms ordered by the Supreme Court amounted to “governmental interference” in the affairs of the BCCI.
At the time, the Court had taken a serious view of this conduct, observing: “Such a solicitation was but an effort to thwart the implementation of the orders of the court. An attempt was made to build up a record to indicate that implementing the orders of the Supreme Court of India would run the risk of endangering the status of BCCI as a member of ICC.”
On that basis, the Court had concluded that Thakur’s actions rendered him unfit to continue as BCCI president and had ordered his removal.
With Thursday’s clarification, the Supreme Court has now made it clear that the 2017 direction cannot be read as a permanent embargo, thereby paving the way for Thakur to associate with the BCCI in accordance with its governing framework.
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